I was filming in Wiltshire recently where the story was about two property developers who had bought a small plot of land with the intention of building a house on it. One of the things that was highlighted as being a potential hurdle to their development, was that they are required to carry out a Great Crested Newt survey.

Protected Species

Great crested newt (Triturus cristatus) is one of the six species of amphibian (living both on land and in water) native to the UK, and is a European Protected Species. They are legally protected under the Wildlife and Countryside Act 1981 (as amended), and by the Habitat Regulations 1994, due to their scarcity in mainland Europe and vulnerability to development. As such it is an offence to kill, injure, capture, or disturb great crested newts, or to damage or destroy their breeding sites (e.g. ponds) or habitats.

Many of these protected species are relatively widespread and some are commonly encountered during development projects. Planning permission is likely to be refused if baseline data about the presence of protected species is not adequately addressed and failure to consider protected species could result in delays, unexpected financial cost and even prosecution. So its something to be taken seriously.

If there is a risk that a protected species is 'resident' on the plot that you wish to develop, you are likely to be required to have an appropriate survey carried out to establish the extent of the population.

Great Crested Newts

In areas where there is a potential prescence of great crested newts, i.e. if there is a pond within 500 meters of the proposed building site a survey must be carried out prior to plans being submitted (and plans will not be passed wihtout the survey having been done).

The survey (which is carried out by the Wildlife Trust) can only be carried out from mid-March to mid-June as this is considered to be the least harmful period in the year - Great crested newts hibernate during the winter months, in places such as log piles or tree stump voids, returning to aquatic habitats during the spring to breed. This timing constraint is an important consideration if you are planning to develop in an area that is likely to be affected. Newts also use terrestrial habitats such as grassland, woodland and scrub to forage and find shelter during other times of the year.

Surveys

Great crested newt is a species for which the timing of surveys is tightly seasonally constrained, being restricted to mid-March - mid-June, when adults are in breeding ponds. Surveys undertaken outside of these optimal times are generally considered to be inconclusive. 

The survey usually consists of 4 x morning visits and 4 x afternoon visits and if there is a newt presence detected, you will need an additional 2 x morning visits and 2 x afternoon visits in order to estimate the population.

Once the population is confirmed, you will have to do an 'offence calculation' i.e. if you are going to be causing death to newt or harm them or their land or water habitats, then you will need to apply for an European Protected Species License. This is granted by Natural England on the basis that you have carried out certain measures to ensure that no newts or their land or water habitats will be harmed by the building work.

The license doesn't cost anything but it is a complex and detailed document and many applications are rejected upon first submission as Natural England are very particular about what is required.

You would be required to trap the newts and remove them from the area and then erect a temporary exclusion fence around the area to stop more coming in.

If you have to disturb a pond, you must build another one to provide a new habitat.

More information about how to deal with great crested newts and other protected species can be found at www.naturalengland.org.uk.